Published — April 9, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Aside from knowing the worst forms of child labor, read also: Knowing the consequences of employment of children
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No child shall be engaged in any of the worst forms of child labor
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No child shall be deprived of formal or non-formal education
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The employer shall provide a working child with access to at least primary and secondary education
May you allow your child to appear in an advertisement?
In our previous article, we wrote about employment of children. In all cases where the employment of a child is allowed, take note that the employer is mandated to provide the working child with access to at least primary and secondary education. This is because the law mandates that no child shall be deprived of formal or non-formal education.
While a child may be permitted to work, he or she shall not be engaged in any of the worst forms of child labor.
What are the worst forms of child labor?
The law says:
The phrase “worst forms of child labor” refers to any of the following:
- All forms of slavery, as defined under the “Anti-trafficking in Persons Act of 2003”, or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or
- The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or
- The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or
- Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it:
- Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or
- Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or
- Is performed underground, underwater or at dangerous heights; or
- Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated tools; or
- Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or
- Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or
- Is performed under particularly difficult conditions; or
- Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or
- Involves the manufacture or handling of explosives and other pyrotechnic products.
Furthermore, a child is prohibited to be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts, gambling or any for of violence or pornography. Thus, to answer the question above, yes, you may allow your child to appear in an advertisement subject to said limitations.
What is the penalty when it found out that the child is exposed to any of the worst forms of child labor? A related article will be posted in a few days.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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